Is Foreign Policy Special?

Some people claim foreign policy is a special sort of public policy. This article challenges that claim. It argues that, in general, judges should treat foreign policy in the same way they treat other sorts of government policy. The argument responds to four related lines of argument: that foreign policy is special on account of the constitutional separation of powers; that it demands a special sort of democratic legitimacy; that it is especially complex, secret and prophetic; and that it is simply more important than other aspects of public policy. Even if these are good reasons to defer to the government in general, they are not good reasons to grant special deference to foreign policy.